Mesothelioma claims can proceed differently than other types of personal injury claims. One reason that these cases can involve product liability, wrongful death and/or workers’ compensation claims. Another is that these cases may be fast-tracked so they can be resolved before the condition results in death.
Clarifying more about these claims, the following guide uncovers some important details about the legal process associated with mesothelioma claims, as well as the nature of the compensation available for them.
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How Mesothelioma Claims Are Resolved
Filing a mesothelioma claim does not necessarily mean that a case will go to trial and be resolved in court. While that can be a possibility, more commonly, mesothelioma claims are resolved out of court.
Out-of-court mesothelioma settlements, which can include pursuing claims via asbestos trust funds, can be beneficial to plaintiffs (i.e., mesothelioma patients), expediting the resolution of the case.
With an out-of-court settlement, plaintiffs will not have to work around a court’s schedule, wait for trial or risk having a defendant appeal the final verdict. Ultimately, that can mean that plaintiffs are able to secure compensation sooner (than would be possible via the litigation route).
It is important to note, however, that, when favorable mesothelioma settlements cannot be secured out-of-court, taking a claim to trial can be the best option for securing the full amount of compensation plaintiffs are entitled to.
Mesothelioma Compensation: Amounts & Types of Damages
The value of a mesothelioma claim will depend on the details of that claim and, specifically, factors like (but not necessarily limited to):
- The route(s) of asbestos exposure – Given that exposure to asbestos fibers can cause mesothelioma, determining how, when and for how long this exposure occurred can impact the available legal remedies and associated compensation for these claims.
- The severity of the condition – The nature of the medical treatments a patient needs and whether the condition has already had fatal outcomes will also affect the value of these claims.
While a mesothelioma lawyer at the Amaro Law Firm can provide more insight regarding the value of your potential claim, generally, these claims can include damages for (but not necessarily restricted to):
- Medical care, such as hospital stays, surgery, radiation and chemotherapy
- Palliative care, such as hospice stay
- Lost earnings
- Funeral and burial costs, when mesothelioma has deadly outcomes (and families who have lost a loved one to mesothelioma are pursuing financial recovery)
- Loss of consortium
- Pain and suffering.
Depending on the claim, punitive damages may also be awarded.
How a Mesothelioma Attorney Can Help
The representation, guidance and support of a mesothelioma lawyer can be indispensable when it’s time to pursue a claim and the full amount of compensation you deserve. That’s because an attorney can help you:
- Understand all the available legal remedies
- Navigate the recovery process as efficiently as possible
- Build and present a strong case
- Protect your rights while working to favorably resolve your claim.
With a mesothelioma attorney on your side, you can focus on your physical recovery while a lawyer oversees the success of your financial recovery.
Find Out More about Your Rights & Legal Options: Contact a Mesothelioma Lawyer at the Amaro Law Firm
A mesothelioma lawyer at the Amaro Law Firm can provide you with the information you need to move forward with a potential claim.
Call (877) 892-2797, text (281) 612-8024 or email our firm for a free, no obligations case evaluation.
If you cannot make it to our offices for this meeting, we offer mobile and virtual consultations.
Known for our exceptional advocacy, our attorneys will provide you with personal attention and outstanding representation to help you position your claim for success. From offices throughout Texas, we represent clients from across the U.S. in mesothelioma claims.
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